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Cake day: January 20th, 2025
  • aramova@infosec.pubtoNews@lemmy.world•Phone Searches at the US Border Hit a Record High: CBP agents searched nearly 15,000 devices from April through June of this year, a nearly 17 percent spike over the previous three-month high in 2022
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    4 days ago

    sigh debating it on Lemmy or reddit or wherever isn’t going to change their behavior. If you want to argue with them, and you’re not quite white enough to avoid getting harassed by them, here is your food for through…

    The authority of U.S. Customs and Border Protection (CBP) extends beyond the physical land borders of the United States. A federal regulation establishes a “100-mile zone” where CBP agents have expanded powers to conduct certain enforcement activities. This zone also applies to international airports, which are legally considered the “functional equivalent” of a border.

    The 100-Mile Zone and International Airports

    It is true that the extended enforcement authority of U.S. Customs and Border Protection (CBP) includes the areas surrounding international airports. This is not a new policy but is based on a long-standing legal concept.

    • Legal Foundation: The authority is primarily rooted in the Immigration and Nationality Act, Section 287 (8 U.S.C. § 1357). This statute grants federal immigration officers the power to conduct certain enforcement activities without a warrant “within a reasonable distance from any external boundary of the United States.”
    • Defining “Reasonable Distance”: The specific distance is defined in the Code of Federal Regulations (8 CFR § 287.1(a)(2)). This regulation officially sets the “reasonable distance” as “within 100 air miles from any external boundary of the United States.”
    • The “Functional Equivalent” Doctrine: While the law mentions “external boundary,” courts have consistently held that locations like international airports are the “functional equivalent of the border.” This judicial doctrine allows law enforcement to treat these points of entry as if they were the physical border. The U.S. Supreme Court first articulated this concept in the case of Almeida-Sanchez v. United States, 413 U.S. 266 (1973). The court reasoned that a search at a location that is the functional equivalent of a border, such as the point where a person disembarks from an international flight, is legally similar to a search at the actual border.

    According to analysis by the American Civil Liberties Union (ACLU), this zone includes about two-thirds of the U.S. population.

    What CBP Agents Can Do in the 100-Mile Zone

    Within this zone, CBP’s authority is broader than that of other law enforcement agencies. The specific activities depend on the context, such as at a fixed checkpoint or during a roving patrol.

    At Fixed Immigration Checkpoints

    CBP can legally operate checkpoints within the 100-mile zone. At these locations, agents can:

    • Stop Vehicles: Stop any vehicle to briefly question occupants about their citizenship and immigration status without any suspicion of wrongdoing.
    • Request Documentation: Ask for documents that prove a legal right to be in the U.S.
    • Conduct Visual Inspections: Visually inspect the vehicle from the outside.
    • Refer to Secondary Inspection: Direct any vehicle to a secondary inspection area for further questioning, again without requiring suspicion.

    Searches and Property Access

    • Access to Private Land: A specific provision, 8 U.S.C. § 1357(a)(3), grants CBP agents access to private lands (but not dwellings) without a warrant within 25 miles of the border to patrol for illegal crossings.

    Here is some more for you since you appear to want to argue the legal theory on this…

    Of course, I am not a practicing lawyer so this isn’t law advice. It’s links to articles and interpretation.

    If you really want to pick a fight, go to Austin, San Antonio, anywhere north of that and south of Michigan… Find an ICE raid, and debate it with them.